A contract of employment is a legal agreement between employer and employee. It comes into force when an offer of employment is accepted and an employee agrees to work in return for pay. It does not have to be a written contract but can be a verbal agreement.
However, employers are legally required to put some of the main details of their employees' terms and conditions in writing. Under the Employment Rights Act 1996, employers must provide a written statement of the main terms within two calendar months of the employee starting work. Many employers include an introduction to terms and conditions as part of the induction programme for new starters. This gives employees a chance to ask questions and for the employer to test understanding of the employment contract. While prevention is better than cure when dealing with employment law issues, we also reresent employers and employees in employent tribunal hearings.
Employment Contract Advice Glasgow
Not all terms are always explicitly agreed in writing (express terms). The courts have established that all employment contracts have the following terms included, whether express or implied:
- to maintain trust and confidence through co-operation
- to act in good faith towards each other
- to take reasonable care to ensure health and safety in the workplace
Some implied terms can become part of the contract because of the employer and employee's behaviour, through custom and practice over time, or through a firm's rules (particularly if the employee has been made aware of them and given access to them).
A written statement must include:
- your name
- your employer's name
- the date when your employment (and the period of continuous employment) began
- pay and the intervals at which you will be paid
- hours of work
- holiday entitlement
- entitlement to sick leave, including any entitlement to sick pay
- pensions and pension schemes
- your and your employer's entitlement to notice of termination
- job title or a brief job description
- where it is not permanent, the period for which your employment is expected to continue or, if it is for a fixed term, the date when it will end
- either the place of work or, if you're required or allowed to work in more than one location, an indication of this and of your employer's address
- details of the existence of any relevant collective agreements which directly affect the terms and conditions of your employment - including, if your employer isn't a party, the persons by whom they were made
- a note giving certain details of disciplinary and grievance procedures, and stating whether or not a pensions contracting-out certificate is in force for your employment
- if you're normally employed in the UK but will be required to work abroad for the same employer for a period of more than one month, the statement must also cover:
- the period for which the employment abroad is to last
- the currency in which you will be paid
- any additional pay or benefits
- terms relating to your return to the UK
Where there are no details to be given for one of the items required in the statement (for example, where there is no pension entitlement), this must be stated.
The Glasgow Law Practice acts for both employees and employers in providing advising on contracts of employment. We are also able to provide contracts of employment tailored to suit the particular circumstances of the employer and employee.
Contact the Glasgow Law Practice
Call us today on 0141 552 9193 , use our online enquiry form opposite or call into one of our offices. There’s no obligation. Our employment solicitors will respond to your queries quickly and confidentially.